121990 CC SP Min
CITY OF SHOREWOOD
SPECIAL CITY COUNCIL MEETING
WEDNESDAY, DECEMBER 19, 1990
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
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M I NUT E S
CALL TO ORDER THE SPECIAL CITY COUNCIL MEETING
Mayor Haugen called the meeting to order at 5:25 P.M.
Mayor Haugen presented a flag to the City that had flown over the
National Capital Building.
ROLL CALL
Present: Mayor Haugen, Councilmembers Gagne, Stover, Watten, City
Administrator Whittaker, Planner Nielsen.
Absent: Councilmember Brancel
BOB SNYDER - RESIDENT
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Mr. Snyder stated that he thought there was not proper notification of
the Special Council Meeting. The place and time of the meeting were
not published three days prior to the meeting.
He questioned whether this was willful and deliberate.
Snyder stated that any modification in the TIF plan was subject to a
public hearing. If action was taken tonight the new City Council
could declare the contract with Trivesco null and void. He said if
Trivesco purchased bonds within the next two weeks they could sue the
City and each Councilmember could be held personally liable.
Administrator Whittaker stated that he had discussed the TIF plan with
the City Attorney and Springstead, Inc. They decided there was no
modification to the TIF plan which required a public hearing.
He said an interest rate was not listed in the plan.
Haugen also said there was no mention of interest rates in the plan.
Snyder said he thinks Trivesco will sue the City if the new Council
voids the contract.
Whittaker said there will be no purchase of bonds in the next two
weeks; there is too much work to do. He reiterated that Springstead
said the new contract was not an amendment to the TIF plan.
Councilmember Stover said the decision to hold this meeting was done
at the Dec. 10th City Council Meeting. The meeting was televised and
some of the public were at the meeting. She said she considers this
meeting legal.
Councilmember Gagne said he has worked on this project for a long
time. However, he does not want to vote on any contracts that have
not been reviewed by the City Attorney, He wants his opinion.
. Stover said the Council should hold another meeting.
Snyder said the
meeting must be
to the meeting.
legal.
State Statute clearly states that notice of the
posted on the door or bulletin board, three days prior
He reiterated his position that the meeting was not
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CITY OF SHOREWOOD
SPECIAL CITY COUNCIL MEETING
WEDNESDAY, DECEMBER 19, 1990
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 2
Haugen said she was also uncomfortable without an OPInIon from the
City Attorney.
REVIEW PROPOSED CONTRACT FOR RECYCLING SERVICES FOR 1991
Whittaker said Attorney Froberg had reviewed the contract and
recommended that the certificate of insurance include the City as
additional insured.
Stover moved, Gagne seconded, to authorize the Mayor and City
Administrator to execute the contract for recycling subject to the
recommendations of the City Attorney and the inclusion of the
insurance clause.
Motion carried - 4/0
UPDATE ON WATERFORD III TIF, BOND AGREEMENT AND PLAT
Gagne said the full Council has always been present before voting on
important issues.
Whittaker said the Council could meet late next week, so that Froberg
could review the contract.
Snyder and Louise Bonache asked why the Council could not wait until
the new year?
Haugen said the Council wanted to finish this year's business.
Snyder said the agreement was too important to make an 11th hour
decision. He said the Council should look carefully at the agreements
and not ram their decisions through.
Haugen said she was not ramming through any decision.
Haugen said the Council will schedule a meeting subject to the
recommendations of the City Attorney.
Gagne asked that the Staff make sure the meeting is legal.
Whittaker said the Statute requires the meeting to be posted or
published. Springstead has told the Staff that no public hearing is
required.
Snyder said the Council should determine if Springstead has errors and
omissions insurance and get their opinion in writing.
Councilmember Watten asked Trivesco's opinion on the matter.
Jerry Steiner, Attorney for Trivesco said that Froberg had reviewed
the documents and they shouldn't need further review. He didn't feel
it would take Froberg 10 days to review the minor changes in the
contract.
His firm received the contract on 12/18/90 and had not had time to
react sooner.
He encouraged the Council to reschedule the meeting to next week.
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CITY OF SHOREWOOD
SPECIAL CITY COUNCIL MEETING
WEDNESDAY, DECEMBER 19, 1990
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 3
Watten moved, Stover seconded, to authorize a City Council meeting for
Thursday, December 27, 1990 at 7:00 P.M. subject to the proper posting
and the recommendations of the City Attorney.
Motion carried - 4/0.
Gagne said there were many changes in the agreements and was the
Council satisfied with them?
Watten said he would like Froberg to make recommendations.
Councilmember EI€ct Lewis asked if the Council will discuss the
contract if the Attorney approves the contract?
Haugen said they would.
Stover asked if this meeting was not legal. then can the Council
legally call another meeting?
Whittaker said it is a legal meeting for emergency purposes. The
Mayor or two Councilmembers can call an emergency or special meeting.
He also said the Councilmembers can talk to the Staff about their
concerns.
CHURCH ROAD CUL-DE-SAC - BUILDING PERMIT/OPTION
Whittaker said the owner of lot 38 on Church Road inquired about a
building permit for the lot.
This lot was to be the cul-de-sac for the Church Road Drainage
Improvement project.
Whittaker talked with the City Engineer. The Engineer said there were
alternatives. The cul-de-sac could be built West of Church road or
the City could complete the improvements on Maple Lane.
Haugen and Gagne said the Administrator should send a letter to the
Church Road residents to advise them of this permit request and that
it will be discussed at the first Council meeting in January rather
than the second.
ADJOURNMENT
Watten moved, Gagne seconded, to adjourn the Special City Council
meeting.
Motion carried - 4/0
Haugen said she would call an Executive Session for the last meeting.
Snyder said an Executive Session could only be called for a limited
purpose and the City Attorney must be present.
Haugen said he would be present at the next meeting.
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
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